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2026 DAILYLAW 3086 (KAR)

SMT AMARAVATHI B v. THE STATE OF KARNATAKA

WP/7607/2026 · 2026-04-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19603 WP No. 7607 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7607 OF 2026 (KLR-RES) BETWEEN: SMT. AMARAVATHI B W/O M. SHIVAMURTHY, AGED ABOUT 32 YEARS, R/AT BIDALAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK - 562 110. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIOENR, BENGALURU RURAL DISTIRCT, DEVANAHALLI - 562 110. 3. ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION DODDABALLAPURA - 561 203. 4. THE TASHILDAR, Digitally signed by JUANITA THEJESWINI Location: High Court Of Karnataka - 2 - HC-KAR NC: 2026:KHC:19603 WP No. 7607 of 2026 DEVANAHALLI TALUK DEVANAHALLI - 562 110. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE EVICTION NOTICE BEARING NO. L.N.D/C.R.19/2021-22 DATED 20.01.2026 PASSED BY THE RESPONDENT NO.4, AS PRODUCED AT ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioner is directed towards the impugned notice at Annexure-J dated 20.01.2026. Learned counsel for the petitioner submits that respondent No.4- Tahsildar, Devanahalli Taluk, has issued the eviction notice under Section 104 of the Karnataka Land Revenue Act, 1964, granting seven days' time to the petitioner to evict from the lands in question. - 3 - HC-KAR NC: 2026:KHC:19603 WP No. 7607 of 2026 3. Learned counsel submits that the petitioner's father-in-law, late Sri Munikadirappa, was granted a house site bearing No.27 carved out of Sy.Nos.16/1 and 16/2 and the said factum is evidenced by the Hakkupatra as found at Annexure- A. The petitioner has constructed a house on the property in question and therefore, the Tahsildar could not have issued the impugned notice calling upon the petitioner to evict himself from the land in question. 4. Learned Additional Government Advocate submits that it is evident from the notice that no opportunity of hearing was given to the petitioner. Therefore, the impugned notice may be treated as a show cause notice while directing the petitioner to give a reply to the notice and the Tahsildar may proceed in accordance with law. 5. In view of the above, the petition stands disposed of while directing the petitioner as well as respondent No.4- Tahsildar to treat the impugned notice at Annexure-J as a show cause notice and the petitioner shall give a reply to the show cause notice within a period of 15 days from today along with - 4 - HC-KAR NC: 2026:KHC:19603 WP No. 7607 of 2026 all the requisite documents. The Tahsildar shall consider the reply and thereafter proceed only in accordance with law. 6. Needless to observe that till a final decision is taken by the Tahsildar and the petitioner is informed of the order, no precipitative action shall be taken by the Tahsildar pursuant to the impugned notice. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 9